Agreement - Biggs, Jon - Employment Agreement - Signed 2022-02-08EXHIBIT A
RETIRED ANNUITANT EMPLOYMENT AGREEMENT
The Retired Annuitant Employment Agreement (“Agreement”) is made by and between the City of
Gilroy, a municipal corporation of the State of California (“City”) and Jon Biggs, an individual
(“Retired Annuitant”) as of February 8, 2022 (“Effective Date”).
RECITALS
A. Retired Annuitant previously was employed by the City of Los Altos and other California Public
Employees’ Retirement System (CalPERS) employers since 1989, having previously served as Los
Altos’ Community Development Director from 2016-2011; and
B. Retired Annuitant retired from public service effective December 31, 2022 and began collecting a
retirement pension from the California Public Employees’ Retirement System (CalPERS); and
C. The City has a vacancy in the position of Community Development Director, a regular position for
which the City has commenced a recruitment for a permanent appointment as of February 1, 2022; and
D. The City has an immediate need for an employee to temporarily perform the position of
Community Development Director, a position involving specialized skills and training and which is
critically necessary to the on-going duties and functions of the City’s Community Development
Department; and
E. Retired Annuitant has the necessary qualifications, experience and abilities to assist City in the
duties of leadership and management of the Community Development Department; and
F. Retired Annuitant’s employment is authorized by Government Code section 21221(h), which permits
the City to appoint a CalPERS retired annuitant to a vacant position requiring specialized skills during
recruitment for a permanent replacement; and
G. City desires to retain the services of Retired Annuitant in accordance with California Government
Code Section 21221(h) and Retired Annuitant agrees to provide certain services to City under the strict
terms and conditions set out in this Agreement; and
H. Governor’s Executive Order N-12-21 suspends certain requirements related to the employment of
CalPERS retirees to include the 180-day waiting period before working for a CalPERS agency and the
60-day waiting period for retired annuitants to work for a CalPERS agency if the retiree retired before
their normal retirement age.
In consideration of this matter described above and of the mutual benefits and obligations set forth in
this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties
of this Agreement agree as follows:
AGREEMENT
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Section 1. Term of Services
The term of this Agreement is from February 8, 2022 until such time as a permanent replacement for
the position of Community Development Director has been selected and has commenced employment,
unless terminated sooner as provided below.
Section 2. Scope of Services
Retired Annuitant, as an officer of the city, agrees to perform the following duties related to the Gilroy
Community Development Department:
a. Serve as head of the Community Development Department and technical advisor to the City
Administrator and other department heads on community development related matters.
b. Develop and direct the implementation of goals, objectives, policies, procedures and work
standards for the Community Development Department.
c. Plan, organize, assign, direct, review, and evaluate planning, building, housing, code
enforcement, fire prevention, chemical control, wastewater pretreatment and environmental
services programs.
d. Insure timely and complete review of development applications such as Conditional Use
Permits, Tentative Maps, Architectural and Site Review, Residential Development Approval,
Zoning Ordinance Amendments, General Plan Amendments; including preparation of Negative
Declarations, Initial Studies and Environmental Impact Reports when required.
e. Responsible for staff support to the South County Habitat Conservation Plan development and
the South County Joint Planning Advisory Committee.
f. Facilitate Planning Commission meetings (oversee agenda preparation, review reports and
information that is forwarded in the packet).
g. Direct all aspects of the General Plan Update process.
h. Oversight for the review and permitting of all private and public development within the City.
i. Serve as problem solver or chief advisor on development applications and confer with City
officials, applicants and community groups on proposed projects.
j. Prepare and present comprehensive technical reports.
k. Direct the departmental budget to include: preparing division budgets, projecting revenues and
monitoring revenues and expenditures. Research, analyze, and make recommendations for cost
effective departmental operations to include: developing, administering, and evaluating
departmental programs and services; addressing process issues; and implementing required
changes.
l. Develop, analyze and make recommendations on the formulation of policy, procedures, staffing
and organizational requirements for the department.
m. Select, train and evaluate departmental personnel
n. Responsible to amend and adopt State construction codes and the Zoning Ordinance per new
State law requirements.
o. Review development within the Downtown Specific Plan, Glen Loma Specific Plan and
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Hecker Pass Specific Plan for compliance with the specific plans and development agreements.
p. May serve as the Planning and Intelligence Section Chief of the City’s Emergency Operations
Center (EOC).
q. Coordinate the activities of the Community Development Department with those of other
departments and agencies.
r. Any other duties or assignments typically assigned to the Community Director.
Retired Annuitant will report directly to the City Administrator. Retired Annuitant shall comply with
all City rules, policies, guidelines, regulations, and laws.
Section 3. Compensation; Hours
City agrees to compensate Retired Annuitant at $99.12 per hour for all services provided under this
Agreement. Payments from City to Retired Annuitant shall be made during the normal payroll cycles
of other City employees.
City has reviewed and compared the hourly rate set forth in this Section with other employees
performing comparable duties and the hourly rate set forth in this Section does not exceed such other
employee’s compensation.
Retired Annuitant agrees and acknowledges that he shall not perform any services under this
Agreement exceeding a total of nine hundred sixty (960) hours during any fiscal year (July 1 to June
30) inclusive of any hours worked during the same period for other CalPERS employers as a retired
annuitant except as allowed under the Governor’s Executive Order N-12-21. Retired Annuitant shall
record his hours on a pre-approved timesheet that shall be submitted to the City every month.
The position is a temporary, hourly assignment which is generally not expected to exceed 40 hours per
week. The City, through the City Administrator, will assign Retired Annuitant hours to work. Due to
the nature of the position, it is understood that the workday and workweek hours may vary, however
Retired Annuitant shall not work overtime (i.e. in excess of 40 hours per week) as payment of overtime
is prohibited under Government Code Section 21221(h).
There are no other benefits, incentives, compensation in lieu of benefits or other forms of
compensation in addition to the hourly pay rate set forth in this Section.
Section 4. Location
The primary locations for services will be at the following addresses:
Gilroy City Hall, 7351 Rosanna Street, Gilroy, California 95020
Section 5. Compliance with Laws
This Agreement will be construed in accordance with and governed by the laws in the State of
California. In the event that suit shall be brought by any of the parties, the parties agree that venue
shall be exclusively vested in the state courts of the County of Santa Clara, or if federal jurisdiction is
appropriate, exclusively in the United States District Court, Northern District of California, San Jose,
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California. Retired Annuitant shall comply with all applicable laws, rules, policies, and guidelines.
Retired Annuitant agrees and acknowledges that the State of California and the governing body of the
California Public Employees’ Retirement System enact strict laws, regulations and guidelines relating
to services provided by “retired annuitants” to public agencies contracting with the California Public
Employees’ Retirement System. Retired Annuitant agrees to comply with all applicable laws,
regulations and guidelines relating to the services provided under this Agreement.
Section 6. Termination
This Agreement may be terminated by either party for convenience by providing written notice to the
other party.
Section 7. Miscellaneous
a. Retired Annuitant has read each and every part of this Agreement and Retired Annuitant freely and
voluntarily has entered into this Agreement. This Agreement is a negotiated document and shall not be
interpreted for or against any party by reason of the fact that such party may have drafted this
Agreement or any of its provisions.
b. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid,
void, or unenforceable, the provisions of this Agreement not so adjusted shall remain in full force and
effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the
validity of any other provision of this Agreement.
c. This Agreement represents the entire and integrated agreement between City and Retired Annuitant
and supersedes all prior negotiations, representations, or agreements, either written or oral.
In witness where of the parties have duly affixed their signatures on this __ day of February, 2022.
Employer: City of Gilroy
Jimmy Forbis, City Administrator
Retired Annuitant:
Jon Biggs
Approved as to Form:
Andrew L. Faber, City Attorney
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2/7/2022
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2/8/2022
2/8/2022
Attest:
Thai Nam Pham, City Clerk
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2/8/2022